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Luis Herrera, an oilfield hand, sued FMC Corporation after sustaining injuries when a Chiksan swivel joint and other overhead equipment fell from a derrick. Herrera alleged that FMC failed to warn of the potential dangers associated with using the Chiksan as a continuous rotation swivel and without proper chaining. The jury found that while such dangers existed, FMC's failure to warn did not expose Herrera to an unreasonable risk of harm, and FMC had provided adequate instructions. The appellate court affirmed the trial court's 'take nothing' judgment, upholding the exclusion of certain expert testimony and the admission of evidence regarding third-party misuse as a sole proximate cause of the accident. The court found no abuse of discretion by the trial court and determined that the jury's findings were supported by sufficient evidence.
Herrera v. FMC Corp. is a workers' compensation case decided in Court of Appeals of Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Court of Appeals of Texas.
Full Decision Text1 Pages
Luis Herrera, an oilfield hand, sued FMC Corporation after sustaining injuries when a Chiksan swivel joint and other overhead equipment fell from a derrick. Herrera alleged that FMC failed to warn of the potential dangers associated with using the Chiksan as a continuous rotation swivel and without proper chaining. The jury found that while such dangers existed, FMC's failure to warn did not expose Herrera to an unreasonable risk of harm, and FMC had provided adequate instructions. The appellate court affirmed the trial court's 'take nothing' judgment, upholding the exclusion of certain expert testimony and the admission of evidence regarding third-party misuse as a sole proximate cause of the accident. The court found no abuse of discretion by the trial court and determined that the jury's findings were supported by sufficient evidence.
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